Did Questions of Fact Preclude Summary Judgment?
Our Courts often face cross-motions for summary judgment by both parties to a dispute with each claiming that the material facts are not in dispute and they are entitled to judgment as a matter of law. As a recent case illustrates, that scenario may lead to neither of the parties being granted the relief sought because the Court nevertheless finds irreconcilable questions of material fact that preclude judgment as a matter of law.
Abuacar Jawara and Aicha Triore alleged that, in May 2018, Benedict Araka agreed to sell them the premises he owned at 1536 Jesup Avenue in the Bronx. Pursuant to that agreement, they tendered a $10,000 deposit to Araka’s attorney. But Araka refused to deliver the deed to the Jesup Avenue property. So they sued for specific performance and also interposed a claim for money damages, which they alleged resulted from having to extend their mortgage commitment and in reapplying for a new mortgage. And also sought $7,500 in legal fees. The parties cross-moved for summary judgment.Continue reading